The decision to open proceedings shall suspend or prohibit all individual law suits for
acknowledgement of rights and claims as well as all other forms of actions for the recovery of
debts by the body of creditors on the debtor’s movable and immovable property.
The suspension of individual lawsuits shall also apply to creditors whose claims are guaranteed
by a general lien or by a special security such as special preferential rights on movables, pledge,
collateral security or mortgage, subject to the provisions of Articles 134 (4), 149 and 150 (3)
and (4) below.
The suspension of individual lawsuits shall not apply to an action for avoidance of contract and
to an action to rescind a contract.
Any action solely for acknowledgement of a right or disputed claim or for determination of the
amount of such claim shall be started or pursued as of right by the creditor after producing his
claim where such right and claim has been rejected finally or accepted provisionally or partially
by the Judge Administrator. The action shall be started or pursued against the debtor and the
Bankruptcy Trustee under the conditions laid down in Articles 52 and 53 above.
The time limits given the creditors under pain of forfeiture, prescription or cancellation of their
rights shall, consequently, be suspended during the entire period of suspension of lawsuits.
Actions and claims which are not affected by the suspension may be started or pursued during
collective proceedings only against a debtor with the assistance of the Bankruptcy Trustee in
case of receivership, and in case of liquidation proceedings with the Bankruptcy Trustee
representing the debtor.
Official translation
Spot-checked
In force from 10 April 1998
Source page 30